STATE v. RETTINGHAUS

No. 98-164.

591 N.W.2d 15 (1999)

STATE of Iowa, Appellee, v. Candace RETTINGHAUS, Appellant. State of Iowa, Appellee, v. Kirk Eric Swanson, Appellant.

Supreme Court of Iowa.

March 24, 1999.


Attorney(s) appearing for the Case

Ryan Rohlfsen and Lorie Loftsgard, Student Legal Interns, and Robert Rigg, Drake University Legal Clinic, Des Moines, for appellants.

Thomas J. Miller, Attorney General, Bridget A. Chambers and Jean C. Pettinger, Assistant Attorneys General, John P. Sarcone, County Attorney, and Michelle Chenoweth, Assistant County Attorney, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, NEUMAN, and CADY, JJ.


CARTER, Justice.

Defendants, Candace Rettinghaus and Kirk Eric Swanson, appeal from the sentences imposed following their convictions of operating while intoxicated, first offense, contrary to Iowa Code section 321J.2(1)(b) (1997). We affirm the district court's sentences.

Defendants were tried on stipulated facts and found guilty. At their sentencing hearing, they each contended that they should be eligible for...

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